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INSURANCE COVERAGE PDF Print E-mail

In addition to handling litigation matters, P.K. Schrieffer LLP represents a wide variety of insurers, including domestic carriers and those from the London insurance market. The firm has extensive experience in insurance coverage regarding errors and omissions, claims made and reported policies, comprehensive general liability policies, directors and officers policies, disability policies, and company reimbursement policies, in addition to employment practices liability policies, to name a few.

Because the firm does both defense and insurance coverage work, it has a greater appreciation and understanding of the issues presented when dealing with insurance coverage. The firm's approach to insurance coverage is creative and outcome oriented. In the event that rights can be reserved, the firm frequently gives the client a wide variety of options given the economic situation facing an insurer and costs attendant to Cumis counsel under Civil Code § 2860. Likewise, in the event further litigation is required under a given set of circumstances, the firm is experienced in handling affirmative claims against policy holders for declaratory relief, rescission, cancellation, and subrogation in State and Federal Courts. The firm maintains a detailed data bank of prior coverage reports and opinions, in addition to research and pleadings, thereby saving existing and future clients expensive research time that otherwise would be incurred by a less experienced firm.

The firm's secured Internet capabilities makes client communication easy, especially when clients are in a time zone other than Pacific Standard Time. In addition to communicating via email, the firm traditionally uses the Internet to transmit reports, summaries, and updates to clients worldwide.

 

IN THE COURTROOM AND IN THE BOARDROOM

June 2010 - P.K. SCHRIEFFER LLP secures a defense verdict in San Diego County Superior Court in a broker fraud and professional liability jury trial.  After plaintiff's fire damage claim was denied by her insurer for non-payment of premium, plaintiff settled with the insurer and sued her insurance brokers for $900,000.  At trial, plaintiff sought recovery of her loss of investment in the burned out restaurant and lost profits.  Plaintiff claimed her signature was forged on an application, that the broker lied to the insurance company and that the broker caused the downfall of her family business.  The jury disagreed - finding in favor of the firm's clients on all counts.

 

In an action dismissed by Riverside Superior Court for failure to bring case to trial with 2 1/2 years, the firm successfully defeated plaintiff's second attempt to set aside the dismissal by arguing plaintiff failed to exercise due diligence in prosecuting his claim or seeking to set aside the dismissal.  After detailed investigation, the firm also proved to the court that plaintiff had made misleading statements in the declaration he provided in support of both motions. Before the dismissal, Plaintiff had refused offers of settlement in order prevent the execution of an unrelated judgment lien.

 

P.K. SCHRIEFFER LLP secured a dismissal for a waiver of costs on behalf of a commercial insurance company in breach of contract litigation filed in the San Francisco County Superior Court. Plaintiff insureds had sought recovery for commercial goods damaged in transit.  The litigation is continuing as to other defendants in the litigation.